Chairman PTI approaches SC seeking post-arrest bail in cipher case

ISLAMABAD, Nov 03 (SABAH): Pakistan Tehreek-e-Insaf (PTI) Chairman and former prime minister Imran Khan on Friday filed a plea in the Supreme Court of Pakistan seeking post-arrest bail in the cipher case.

In his 18-page bail plea, the PTI chief, through his counsel Barrister Salman Safdar, has put before 15 legal questions regarding the cipher case.

Among the questions, Imran Khan wants the Supreme Court to consider whether the courts that rejected his bail plea took into consideration that the cipher case was “politically motivated”. He also questioned the role of the Federal Investigation Agency (FIA) jurisdiction in the case and its “malafide intentions and ulterior motives”.

“Whether Ministry of Interior correctly assumed the role of Complainant excluding Ministry of Foreign Affairs which actually handles ‘Cypher Telegram’ & Whether the Minister of Interior under whose direct supervision Federal Investigation Agency (FIA) operates was not a Political Opponent of the Petitioner?” asked Khan.

The petition also wants the top court to determine whether the Islamabad High Court (IHC) “failed to properly understand and appreciate that the petitioner as Prime Minister of Pakistan did not violate the Oath and also enjoyed ‘Immunity’ as provided under Article 248”.

The PTI chief has prayed to the Supreme Court to grant him post-arrest bail in the case in the “interest of justice and fairplay”.

On October 27, the IHC rejected the pleas of Imran Khan seeking bail and cancellation of the first information report (FIR) in the cipher case.

IHC Chief Justice Aamer Farooq announced the court order which was reserved on October 16 after arguments were completed from both sides.

Imran Khan had challenged the registration of the FIR and sought bail in the case filed against him and the party’s vice chairman Shah Mahmood Qureshi for misusing the secret document for their political gains.

A special court formed under the Official Secrets Act has indicted both party leaders. They are currently incarcerated at the Adiala jail.

The FIA, in its challan, stated that the former prime minister and the ex-foreign minister were found guilty in the matter and requested the court to conduct their trial and sentence them in the case.

Former PTI secretary-general Asad Umar’s name was not added to the list of accused while Imran Khan’s former principal secretary Muhammad Azam Khan was also named as a “strong witness” in the case.

The FIA also attached Azam’s statements, recorded under Sections 161 and 164, along with the challan, said the sources, adding that the PTI chief kept the cipher to himself and misused the state secret.

The sources also said that Khan had a copy of the cipher but he did not return it.

Moreover, the FIA also attached the transcript of Khan and Qureshi’s speech on March 27 — the day when the former premier brandished a letter claiming it was a cipher from a foreign nation, that wanted his government to be removed from power.

The agency also submitted a list of 28 witnesses to the court with the challan after recording their statements under Section 161.

The names of former foreign secretaries Dr. Asad Majeed Khan, Sohail Mehmood and the then additional foreign secretary Faisal Niaz Tirmizi have also been added to the list of witnesses.